Introduction
Custodial deviance refers to unethical, illegal, or abusive behavior by prison staff, including wardens and officers, towards inmates. In the Indian context, where prisons are governed by the Prisons Act, 1894, and related regulations, such deviance undermines the rule of law and violates the fundamental rights of prisoners guaranteed under the Constitution of India.
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LLM Notes: Reparation of Victims under Indian Penal Law: Concept, Statutory Provisions, and Judicial Interpretation
The Indian criminal justice system aims not only to punish offenders but also to provide adequate reparation and rehabilitation to victims of crime. Recognizing the victim’s suffering and ensuring their restitution has become an integral part of criminal jurisprudence in India.
Basic Concept of Victim Reparation
“Reparation” refers to compensation or restitution provided to victims …
LLM Notes: Prisoner Classification in India: Objectives, Methods, and Consequences
Introduction
Prisoner classification is a foundational aspect of prison management, aimed at categorizing inmates based on specific criteria such as legal status, criminal history, gender, age, and health conditions. In India, this classification is governed primarily by the Prisons Act of 1894, supplemented by guidelines from the Model Prison Manual of 2016, judicial pronouncements,…
LLM Notes: Concept of Fine under Indian Penal Law: An Overview
Fine, as a form of punishment under Indian Penal Law, is a pecuniary penalty imposed by the court upon conviction of an offender. It is one of the recognized punishments under Section 53 of the Indian Penal Code (IPC), alongside death, imprisonment for life, imprisonment (rigorous or simple), and forfeiture of property.
Nature and Purpose…
LLM Notes: Understanding Summary Punishment under Indian Criminal Law
Summary punishment, commonly referred to as “summary trials,” is a procedural mechanism under Indian criminal law designed for the swift and efficient disposal of certain minor offences. Governed primarily by Sections 260 to 265 of the Code of Criminal Procedure, 1973 (CrPC), summary trials aim to reduce judicial backlog and expedite justice delivery without compromising …
LLM Notes: Guardians of Dignity: The Role of Indian Judiciary in Prison System Reform
India’s prison system has long faced significant challenges including overcrowding, inadequate facilities, and human rights violations. In this context, the Indian judiciary has emerged as a powerful champion for prisoner rights and prison reform through landmark judgments, innovative interpretations of constitutional provisions, and continuous oversight mechanisms. The courts have not merely addressed individual grievances but…
LLM Notes: Guardians of Liberty: The Supreme Court’s Crusade for Undertrial Prisoners in India
In a country where over 75% of the prison population comprises undertrial prisoners and prisons operate at 118% capacity, the Supreme Court of India has emerged as a critical guardian of liberty, consistently working to address the systemic crisis of undertrial detention. Through landmark judgments and robust directives, the Court has transformed bail jurisprudence and…
LLM Notes: Punishments Under Indian Penal Law: A Comprehensive Analysis of Types and Landmark Judgments
The Indian Penal Code (IPC) establishes a structured framework of punishments aimed at achieving various objectives of criminal justice, including deterrence, retribution, and reformation. This article examines the different types of punishments prescribed under Indian penal law and analyzes landmark judgments that have shaped their interpretation and application.
Types of Punishments Under Section 53 of…
LLM Notes: The Viability of Reformative Theory of Punishment in India: A Legal Analysis
India’s criminal justice system has evolved significantly over the decades, gradually shifting from a purely retributive approach toward incorporating reformative elements. The reformative theory of punishment, with its focus on rehabilitation rather than mere retribution, presents both promise and challenges within the Indian legal framework. This article examines the viability of this approach through…
LLM Notes: Life Imprisonment in Indian Law: Statutory Provisions and Landmark Judgments
Introduction
Life imprisonment in India is a significant form of punishment under the criminal justice system, often imposed for heinous crimes such as murder, terrorism, and kidnapping. While it is considered less severe than the death penalty, life imprisonment entails prolonged incarceration, often for the convict’s entire natural life. This article explores the statutory provisions…